A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 31, 2016, the Defendant received a summary order of KRW 6 million for a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 2 million for the same crime at the same court on July 3, 2009.

On April 21, 2018, the Defendant driven B Poter cargo under the influence of alcohol content of 0.094% while under the influence of alcohol without obtaining a driver’s license, from around 20:10 to around 484 to the roads of the same military unit, from around 20:0 in the vicinity of the Gamdong, Pyeongtaek-gu, Young-gu, Gyeong-gun, Simyeong-gun, the Defendant driven B Poter cargo without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (prior convictions in the same case), and summary order;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Prior to the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, the Defendant committed the instant crime of which alcohol concentration is 0.094% under the influence of alcohol or without a license, even though he/she had been punished several times due to the same drinking or non-licensed driving.

In full view of the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal records, the punishment as ordered shall be determined.